Sub-postmasters in Scotland who were wrongly convicted as a result of the Post Office Horizon scandal will be automatically exonerated today.
The Post Office (Horizon System) Offences (Scotland) Act received Royal Assent yesterday (13 June 2024) and comes into force today (Friday 14 June).
The legislation was passed in the Scottish Parliament on 30 May 2024 to deliver justice to victims as swiftly as possible and enable them to access the UK Government financial redress scheme.
Working with the Crown Office, the Scottish Criminal Cases Review Commission and the Post Office, the Scottish Government will notify those affected and ensure police and court records are amended. There is also a route for victims to bring their cases to the attention of Ministers.
Justice Secretary Angela Constance has written an open letter to sub-postmasters setting out next steps.
The Justice Secretary said: “This legislation automatically exonerates sub-postmasters who were convicted of crimes of dishonesty that they did not commit due to the Post Office’s faulty Horizon IT system, meaning they are eligible to access the redress scheme.
“Of course, no amount of compensation can fully mend the lives that were torn apart by this miscarriage of justice. I do hope, however, that this legislation goes some way to righting the terrible wrongs of the past.
“I will be writing to those affected to tell them their convictions have been quashed and ensuring court records are changed, so the victims of this scandal can have their good names restored as quickly as possible. They have already waited too long for justice.”
The Post Office (Horizon System) Offences (Scotland) Act automatically exonerates convicted sub-postmasters where the following criteria are met:
the conviction was for embezzlement, fraud, theft, uttering or an ancillary offence committed between 23 September 1996 and 31 December 2018
the person was carrying on a Post Office business, or working in a Post Office for the purpose of a Post Office business
the conviction was in connection with carrying on, or working for the purpose of the Post Office business
the Horizon system was being used for the purposes of the Post Office business in the relevant Post Office
Those who meet the criteria and whose appeals were refused in the High Court will also be exonerated.
The Crown Office yesterday published data on the Covid deaths in care homes that have been reported to it. The prosecution service was considering at least 3,400 deaths linked to Covid-19 as of 8 April.
The data, which was released to BBC Scotland under a Freedom of Information request, is part of a wider investigation to determine whether the deaths should be subject to the fatal accident inquiry (FAI) mechanism or prosecution.
The figures reveal some individual care homes accounted for a significant number of deaths.
HC-One’s Orchard Care Centre in Clackmannanshire accounted for 19 per cent of that council’s total fatalities (110).
Deaths were higher on average in homes where the provider owns one facility as opposed to a chain. For example, 25 deaths were reported in the one home operated by BUPA Care Homes, while 195 deaths were reported across Advinia’s 11 homes, averaging to roughly 17 per residence.
A Scottish government spokeswomansaid the Crown Office data was “consistent with the findings” of a Public Health Scotland report which “did not find statistical evidence that hospital discharges of any kind were associated with care home outbreaks”.
She added: “We mourn every death from Covid and express our sympathy for all those who have lost loved ones, and for the distress and grief experienced by individuals and their families.
“As the first minister and health secretary have previously said the Scottish government will continue to learn lessons from the Covid-pandemic and, subject to the outcome of the election, intends to have a full public inquiry which considers all aspects of how the pandemic has been handled, including the impact on care homes and their residents.”
Health Secretary Jeane Freeman has said the Scottish government “didn’t respond quickly enough to what was needed in our care homes”. Ms Freeman is standing down at next month’s Holyrood elections.
A spokesperson for the Crown Office said: “CDIT [Covid-19 Deaths Investigation Team] is working together with other agencies including the Health and Safety Executive, local authorities and the Care Inspectorate to ensure that appropriate investigations are undertaken in relation to these deaths.
“These arrangements will ensure that the circumstances of each death can be fully considered by this dedicated team, and appropriate decisions made about any further investigation required, whether criminal or non-criminal.”
In a statement, Scottish Care said: “We note the publication by the BBC of data supplied by the Crown Office detailing the deaths of hundreds of people in Scotland’s care homes during the pandemic.
“This data demonstrates the terrible toll which has been felt by those who live, visit loved ones, and work in care homes as a result of Coronavirus. However, whilst the numbers tell us one story there are many things which they do not communicate.
“The numbers do not describe the unique lives of special individuals who have been lost to the pandemic. Lives which have been cut short before their time by a deadly virus. Behind each number is an individual who is loved and greatly missed by family and friends. Their loss is felt too by care home staff who have cared for and supported them for many months and years.
“The numbers do not describe the sad reality that those living in group and congregated settings such as care homes have been disproportionately affected across the world. They do not describe the reality that those who have suffered the most and who have died across the world are those who are very old and frail, and those living with multiple co-morbidities.
“The numbers do not describe at what point in the pandemic lives were lost in individual care homes. The number may describe deaths in multiple outbreaks across a long period of time or they may equally be a description of an intense and overwhelming single incident.
“The numbers do not detail at what point of time the deaths occurred in the last year. They do not describe whether they happened after testing had been introduced for frontline care staff after we learned the lessons of asymptomatic spread and the risk this posed to residents.
“The numbers do not describe whether individuals had been transferred from hospital or community, potentially carrying the virus into the care home.
“The numbers do not describe whether or not the deaths occurred at a time when we know less than we do now about the use of PPE and other infection control measures which are now protecting so many.
“The numbers do not describe whether these deaths happened during this particularly hard second wave with a much more virulent strain of the virus which has had such a devastating impact.
“The numbers of deaths tell part of the story but what they certainly do not tell of is the amazing professionalism, sacrifice and dedication of frontline nursing and care staff who daily put themselves at risk and on the line to protect some of our most vulnerable citizens facing the threat of this deadly global virus.
“As we consider the numbers, we remember all the lives lost and the dedication of those who worked to save life. As we consider the numbers, we would ask everyone to reach out to support the care homes, staff, residents and families affected and to do so with compassion and solidarity.”
Responding to yesterday’s Crown Office publication of data surrounding COVID-19 and care home deaths in Scotland, GMB Scotland Secretary Gary Smith said: “Before the first lockdown, care home staff were ringing the alarm about the vulnerability of services users and themselves.
“Those concerns were dismissed and even derided by the Scottish Government and care industry representatives.
“The reality is that while Ministers were clapping for carers, staff were having to fight for the proper PPE and workplace testing, the basic tools needed to try and protect their health and safety and their service users too.
“There is no credibility in hiding behind poorly executed reports or investigations that focus on ordinary workers who had no say whatsoever in the decisions that led to one-third of all COVID related deaths to date occurring care homes.
“We need a public inquiry where the inaction of all responsible will be laid bare.”
The key legal advice that underpinned the Scottish Government’s defence of the Judicial Review taken by Alex Salmond will be released today.
Last night’s decision by Deputy First Minister John Swinney has received the prior agreement of the Law Officers in line with paragraph 2.40 of the Scottish Ministerial Code.
Ahead of release, under the General Data Protection Regulation, legal notifications to individuals impacted are required. These are expected to be complete and, subject to them, the Parliament will receive the material immediately thereafter.
Deputy First Minister John Swinney said: “In normal circumstances, government legal advice is not released. Indeed, such is the importance of being able to get frank, private advice, it is almost unheard of for the legal advice to be released.
“But, we have to acknowledge that the issues at stake now are not normal. The very integrity of the legal system is being questioned.
“Serious allegations have been made. This material allows people to confirm that these allegations are false.
“We have already shared in private with the Scottish Parliament’s committee on these issues the substance of the advice.
“Now, we recognise that in order to counter to the false claims being made by some, we must go further. Subject to the mandatory legal checks and processes, we will release the key legal advice.”
The ongoing controversy centres on legal advice given to the Scottish government after former First Minister Alex Salmond launched judicial review proceedings in 2018 over the way harassment complaints against him had been handled.
The government finally had to admit it had acted unlawfully because its investigating officer had had prior contact with the two complainers – but the error left taxpayers to foot the bill for Mr Salmond’s legal bill of over £500,000.
Mr Swinney had faced a vote of no confidence at Holyrood if he refused to release the information. The vote of confidence would have carried as the Scottish Greens supported the motion, ensuring a majority in parliament.
This was the THIRD time parliament had requested the release of the papers.
If the legal advice is published in full – IF – it will help to shed some more light on a complicated case which is damaging the Scottish government’s reputation and calls into question the way our democracy functions.
If the published legal advice is heavily redacted, however, (note Mr Swinney’s used of the word ‘key’ in his statement), it’s likely that the vote of no confidence will go ahead.
Key player Lord Advocate James Wolfe QC, who was heavily criticised when former First Minister Alex Salmond gave evidence to the committee on Friday, is set to give evidence to the Holyrood committee this morning, while First Minister Nicola Sturgeon will give her much-awaited testimony tomorrow.
Former First Minister Alex Salmond will give evidence to the Committee on the Scottish Government’s Handling of Harassment Complaints at Holyrood this afternoon.
The Committee’s remit is to consider and report on the actions of the First Minister, Scottish Government officials and special advisers in dealing with complaints about Alex Salmond, former First Minister, considered under the Scottish Government’s “Handling of harassment complaints involving current or former ministers” procedure and actions in relation to the Scottish Ministerial Code.
In a formal submission to the committee, Mr Salmond maintains that senior members of the SNP colluded with civil servants in an orchestrated campaign to damage his reputation.
He also accuses First Minister Nicola Sturgeon of both misleading parliament and breaking the Ministerial Code. If this is proven, Ms Sturgeon would be expected to resign.
Ms Sturgeon yesterday dismissed Salmond’s claims as ‘a litany of nonsence’.
This is much more serious than a ‘he said, she said’ internal SNP stooshie: the allegations go right to the heart of Scotland’s democratic structures.
So the stakes couldn’t be higher. It remains to be seen whether today’s session will see us inch any closer to the truth …
Former First Minister Alex Salmond will not now give evidence to today’s session of the inquiry into how the Scottish government handled complaints against him.
He was due to present his evidence to the committee this morning, but a Scottish Parliament spokesperson has confirmed that Mr Salmond’s legal advisers yesterday informed the committee he would not be attend unless his final submission was published in full.
Mr Salmond’s decision was brought about after The Scottish Parliament’s Parliamentrary Body withdrew his final submission from the Scottish Parliament website under pressure from The Crown Office, who expressed ‘grave concerns’ over it’s public presence – despite the fact that the Salmond testimony was published in The Spectator magazine some weeks ago.
The submission was later uploaded in a redacted form – but the removal of some sections would potentially hamper Mr Salmond’s ability to give full answers to committee questions which would be based on the redacted report.
The Crown Office’s role is severely criticised in the Salmond submission, in which he accuses a number of individuals and organisations of an orchestrated attempt to ‘damage my reputation and remove me from public life in Scotland’.
In his final submission, Mr Salmond says: “I leave it to others the question of what is, or is not, a conspiracy but am clear in my position that the evidence supports a deliberate, prolonged, malicious and concerted effort among a range of individuals within the Scottish Government and the SNP to damage my reputation, even to the extent of having me imprisoned.
“The individuals, for the avoidance of doubt: Peter Murrell (Chief Executive), Ian McCann (Compliance Officer) and Sue Riddick (Chief Operating Officer) of the SNP, together with Liz Llloyd, the First Minister’s Chief of Staff.
“There are others who, for legal reasons, I am not allowed to name.”
Alex Salmond’s submission concludes: “The real cost to the Scottish people runs into many millions of pounds and yet no-one in this entire process has uttered the simple words which are necessary on occasions to renew and refresh democratic institutions – “I Resign”.
“The Committee now has the opportunity to address that position.”
Mr Salmond also accuses the First Minister of both breaching the Ministerial Code and of misleading parliament in her recollection of events. If this was proven to be the case, Ms Sturgeon would be expected to resign.
First Minister Nicola Sturgeon took to the airwaves on Monday evening, challenging Alex Salmond to prove there was a conspiracy against him and saying he has made claims “without a shred of evidence.”
The nine-person Holyrood committee will meet in private today to discuss how they can overcome the latest setback – their inquiry has been dogged by procedural issues and legal wrangling since it was set up in January 2019.
Mr Salmond has now offered to appear before the committee on Friday if the legal dispute over the written submission can be resolved.
More than 150 drink drivers in Scotland had their motor vehicles seized then sold or scrapped between April 2013 and March 2014, according to figures released by the Crown Office.
An average of three vehicles a week were forfeited by repeat drink and drug driving offenders, first offenders driving or attempting to drive with a high alcohol reading and those who refused to give a sample of breath to the police without a reasonable excuse.
Court Orders for vehicle forfeiture included small hatchback cars, luxury saloons, high performance cars, four-wheel drive vehicles, vans and also a motorcycle. Those of any value were sold at auction by Police Scotland and others were scrapped for their metal value, with all proceeds paid to the Scottish Consolidated Fund.
The Lord Advocate, Frank Mulholland QC repeated his warning, given at the launch of this summer’s drink driving campaign, of the often tragic consequences of the offence. He said: “Drivers whose selfish actions result in the deaths of others when they drive under the influence of drink or drugs bring misery and devastation to families and loved ones throughout our communities. My message is very clear: you will be caught and when you are, you will be prosecuted to the full extent of the law”.
He added: “Motorists in Scotland should also be aware of the tough legal and personal consequences of driving while under the influence of drink or drugs, not only could you lose your vehicle but you will receive a minimum 20 year criminal record.”
If anyone suspects someone of drink driving, or attempting to drink and drive, they can contact their local police office on 101 or call the independent charity Crimestoppers anonymously on 0800 555 111. They can also dial 999 in an emergency.
